New Boating Under the Influence Law in Washington

Effective July 28, 2013, a newly-revised Boating Under the Influence (BUI) law came into effect in the State of Washington. Penalties were raised to that of a gross misdemeanor instead of a simple misdemeanor. There still is no mandatory minimum jail term or fine. A refusal to provide a breath sample is not admissible at the trial, however a boater can be subjected to a $1000 civil fine for refusing a test. This legislation also authorizes search warrants for blood testing when a person refuses to provide a breath sample. Consistent with the recent amendments to Washington DUI law, this recent legislation makes it illegal to drive a boat with a THC concentration of 5 nanograms or higher.

What is very confusing is that the legislature, in part, incorporated the implied consent law for a driver’s license into this new boating regulation, even though a driver’s license is not necessary to operate a boat.

About George Bianchi

Founded in 1960, The Bianchi Law Firm began emphasizing DUI defense. George joined in 1985 and has become recognized as an innovator in the defense of DUI and other alcohol/drug related crimes. He has lectured at numerous CLE Programs throughout the United States and Mexico concerning DUI defense. Member of the Washington State Association for Justice [formerly Washington State Trial Lawyers Association]; Washington Association of Criminal Defense Lawyers; National Association of Criminal Defense Lawyers; Founding Member, Fellow and Dean Emeritus to the National College for DUI Defense as well as President of the Washington Foundation for Criminal Justice. In 2003, he was presented with the Dean’s Service Award from the National College for DUI Defense. George has been named a Super Lawyer by Washington Law & Politics annually since 2000 and annually named one of the Top 25 in Criminal Defense on the Washington Super Lawyers List since 2006.